Derelicts have been and continue to be a major concern all along the Atlantic and Gulf coasts. If you have had experience with these derelict removal grants, let us hear from you, especially if you applied as an individual through a government agency.
Derelict Vessel Removal Grant 2018-2019 4th Opportunity Announcement 06/25/2019 The Florida Fish and Wildlife Conservation Commission (FWC) is announcing the opportunity for State, County, Municipal and other authorized governmental entities, to apply for Derelict Vessel Removal Grants. The Fourth application period for the Bulk Derelict Vessel Removal Grant Program will begin on Monday July 1, 2019, at 8:00 AM (EST), and end on Wednesday August 14, 2019, at 5:00 PM (EST). Applications received after Wednesday August 14, 2019, will not be eligible for consideration in round four. All removal applications must demonstrate proof that due process was provided for each vessel’s owner. At a minimum, this would include an opportunity for the vessel owner to challenge the derelict vessel determination, either in criminal court or in an administrative hearing. Vessel cases not demonstrating that these opportunities have been offered to the owners of the vessels will not be considered for state funding assistance. A letter of Authorization for Removal from the law enforcement officer must also be included for each vessel applied for. Should funding be available for a fifth or subsequent round of applications, new announcements will be made. The grant guidelines and application form may be downloaded at: http://www.MyFWC.com/DVGrant.
You may also receive the guidelines and application by contacting Phil Horning at (850) 617-9540 or email DVGrant@MyFWC.com.
Applications that meet the requirements for the Rapid Removal Grant Program may be submitted at any time after the opportunity announcement start date, but no later than November 1, 2019, at 5:00pm (EST) (based on available funding). Rapid removal cases must meet requirements of published guidelines as well as due process requirements. Total funding allocated for derelict vessel removal for fiscal year 2018-2019 is $1,000,000. The balance remaining will be available for additional DV removal grant opportunities in the 2018-2019 budget year. Applications may be mailed to the Florida Fish and Wildlife Conservation Commission, Boating and Waterways Section, Derelict Vessel Grant Program Administrator, at 620 S. Meridian Street – Room 235, Tallahassee, Florida 32399-1600 or emailed to DVGrant@MyFWC.com.
For further information, please contact:
Phil Horning, Derelict Vessel Program Administrator, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section, (850) 617-9540 or email Phil.Horning@MyFWC.com
Our thanks to Jim Standing for this report of a recent group voyage to the Albemarle Loop, A CRUISERS NET SPONSOR, in Albemarle Sound. Along the way they encountered two more of Cruisers Net’s finest sponsors, Dismal Swamp Welcome Center and Albemarle Plantation Marina. The Albemarle Loop is also home to historic Edenton, another CRUISERS NET SPONSOR.
The age old issue of converting popular ICW anchorages, such as North and South Lakes in Hollywood, into mooring fields has in the past been associated with municipal waterfronts like St. Augustine. The mooring fields are considered to be a way to prevent derelicts and long term, unattended anchored vessels. See Anchoring Hassels in Hollywood, Florida and Sewage in Waterway Blamed on Boaters, Hollywood, FL.
Our sincerest thanks to Greg and Barbara Allard for sharing their thoughts and beautiful photography from their Bahamas cruises. These photos and descriptions will have you aching to follow in the Allard’s wake! For more this excellent photography, type Allard in our Homepage search window for letters from previous cruises.
“People who live on continents get into the habit of regarding the ocean as journey’s end, the full stop at the end of the trek. For people who live on islands, the sea is always the beginning. It’s the ferry to the mainland, the escape route from the boredom and narrowness of home.”
We have been traveling with our friends Jim and Ellen. Jim has been playing with a new drone and has taken some excellent pictures, including this one of our boat Meander (lower boat, dark hull) in the mooring field at Warderick Wells. Their boat, Latitude, is just above ours. We’ll show a couple more of Jim’s drone photos later.
The water looks just like what’s shown in the photo; under the boats it is about 12’ deep. The lightest colored water is just inches deep.
A rock cairn, a decorative pile of rocks which has been used for centuries. Former boy and girl scouts will remember this is a way to mark a trail. It has also been used to delineate property lines This one was erected on the beach by visitors.
A sisal tree in bloom. These trees were brought to the Bahamas in the eighteenth century, as an excellent source of strong natural fibers which were used to make ropes for ships. That industry was long ago abandoned, but there are a few scattered trees which remind us of those times.
The Bahamas are primarily made of limestone, and only a few of the islands have enough soil to grow some vegetables and fruit. The rest of the vegetation has to find a nook or cranny to set down roots in the rock or sand, sometimes not successfully. This was once a bush along the beach, but it seems to have taken a new life as a model for “The Creature from the Deep”.
The end of the school day at Black Point, a time loved by children everywhere. All Bahamian school children wear uniforms.
Black Point is an island community, one of our favorites. The island has a population of around 400, many of whom work on neighboring islands and commute there by boat.
This young man was enjoying his ice slush. He’s thinking: “Don’t even try to take this from me.” Love the hair.
Peermon Rolle runs a bakery out of her home. She makes some of the best Bahamian bread, especially her coconut bread. We can’t go to Black Point without buying several loaves.
Peermon’s granddaughter, and great granddaughter.
On the quiet main street of the Black Point settlement, you’ll find any number of residents sitting in their front yards “plaiting” – that is, weaving thin strands of palm into long strips of material usually between two and four inches wide. Those strips are then sold, by the roll, to straw makers in Nassau, who use the strips to make bags, hats or baskets. Most of the straw weavers engaged in this cottage industry are women, but this man named Boise was busy at work; his fingers were impossibly fast. We bought three rolls of plait from Boise and his wife Corrine, also a weaver.
The next day, Peermon showed Barbara and Ellen how to use the strips of plait, and the techniques for fastening them together.
Is this a boat-goat, or a goat-boat? As billy-goats go, this one was friendly, taking some shelter from the sun under this Bahamian competitive sailing vessel.
In the last Letter, we showed you a photo of a spotted eagle ray. This is a different photo of the ray, more clearly showing a remora fish under the ray’s left wing. In this case, the remora is not attached to the wing and is just swimming freely under the ray, but usually the remora attach themselves to rays, sharks and other fish, and go along for the ride.
This photo is of a large free swimming remora (also called a suckerfish), which swam under the dock at Black Point. They are regularly 8-15 inches long, and usually not more than 31”. This remora is a large one, almost three feet. Note the strange flat disc on his head which is what he uses to clamp onto the host fish. The vanes of the disc act like suction cups. It is said that the remora serves to clean the undersides of their host fish from parasites and growth. We’ve never experienced it, but we have heard that sometimes they approach divers or small boats, and attempt to attach to them; they are easily removed if pushed forward.
This seagull was lucky. It’s likely he lost his leg to a shark.
A green sea turtle, in one of the creeks at Shroud Cay.
Diving Thunderball at Staniel Cay. This rock island, with an underwater cave, is named after the James Bond Thunderball movie, where a few of the scenes were filmed. The best snorkeling is not in the cave, but outside, on the east, north and south sides, where there are some excellent coral formations with a good variety of fish, and fewer divers.
A blue Tang.
In a prior letter we showed you a hand-carved fish head from Spanish Wells. We found this driftwood board, with its fish created by nature, on a beach in the Exumas.
Barbara navigates our dinghy through the shallows.
We mentioned earlier that our friend Jim was experimenting with a new drone, and he took these next two pictures. I’m including them here, because they offer a different perspective on the beauty of the Bahamas.
This is a view of Shroud Cay with its serpentine creek which cuts right through the island, running from the Exuma Banks to the Exuma Sound. At high tide we took a dinghy through it; someone compared it to an African Queen experience.
Just south of Warderick Wells. There are no other words needed for this photo.
This derelict boat washed up on the beach in front of David Copperfield’s house on Musha Cay. Usually boats like this are difficult to get rid of, but we suspect that David will make it disappear.
A simple but engaging painting by a local Bahamian artist.
The end of the day, with the sun melting into the ocean.
This will be our last Letter from the Bahamas. Later this week, weather permitting, we will cross the Florida Straits (the Gulf Stream) back to the U.S. It has been another excellent cruise through this beautiful sea-based country, with its stunning vistas and warm, friendly people.
Hello, I enjoyed reading your articles on Cruisers Net. We are looking for another couple to cruise with, going from FL to the Bahamas in May/June 2020. We have a 48' Searay Sedan Bridge. It would be our first time there, so we'd like to go with someone who has been there before.
I've put my contact information [email] below. We live in St. Petersburg FL.
Bennett Brothers Yachts/Cape Fear Marina, A CRUISERS NET SPONSOR, is located on the eastern banks of the northeast Cape Fear River, just north of the Isabel Holmes – Highway 133 bascule bridge, and only a few steps from the downtown Wilmington waterfront.
Bennett Brothers Yachts/Cape Fear Marina, A CRUISERS NET SPONSOR, is located on the eastern banks of the northeast Cape Fear River, just north of the Isabel Holmes – Highway 133 bascule bridge, and only a few steps from the downtown Wilmington waterfront. Bennett Brothers has graciously extended their complimentary week of dockage through July 31.
BENNETT BROTHERS YACHTS is offering a complimentary week of dockage at the Cape Fear Marina in Wilmington, NC. Located on the Northeast Cape Fear River just steps from historic Wilmington, it is a great stop for those traveling north this spring. BENNETT BROTHERS YACHTS is a full service repair facility located at the Cape Fear Marina with full departments in all aspects of yacht repair and restoration. Please call BENNETT BROTHERS YACHTS for details – 910-772-9277. We hope to see you around the docks!
Key Lime Sailing Club, A CRUISERS NET SPONSOR, always has very special offers for their visitors! Key Lime Sailing Club is on the Inside Route side of Key Largo. Key Lime Sailing Club is a unique slice of KEYS ENJOYMENT…give it a try and let us hear about your experience.
LET Summer begin Friday June 21, The longest day of the year!
What are solstices?
Solstices are the longest and shortest daylight of the year days.
The summer solstice happens on one day June 20 – 22 each year, with the longest daylight time and also marks the first day of summer. The winter solstice, happens on December 20 – 22, has the shortest daylight of the year and marks the first day of winter.
Here is our Sailstice Discount you can take advantage of:
* Book a reservation staying from 6-21-19 to 7-5-19 and receive 21% off our peak session rates. Valid for new reservations only.
Celebrate the shortest day of the year Dec. 21st 2019 by sailing the frozen winter in warm tropical waters of the FLORIDA KEYS. YES, Key Lime Sailing Club and Cottages coins the WINTER SAILSTICE. AND YES! Start off winter by sailing!
* The DEAL
Book your reservations within the next 5 days for a 5 night stay between Dec 15th and checking out Dec 22 2019 and receive 21% off Peak Season rates.
WHERE WILL YOU SAIL ON HE SHORTEST DAY OF THE YEAR,
Tell us on our face book page key lime sailing club and cottages.
Want to improve or learn Sailing? We got you covered! VisitAmericanSailingAcademy.com or call Capt G. 305-896-5555 tell him u seen it in our email and get 10% off if you book a course in next 5 days.
Register your winter sailing event on the Winter Sailstice Page for a chance to win a Vacation gift certificate and other nice prizes. Enter here.
Our Summer Season Rates are still in effect! From May 1st to August 15th, 2019 you can take advantage of an amazing summer vacation in the tropical Florida Keys for as low as $200 per night in our cottages.
Here are our available dates and cottages for the next three months:
Cottage rental includes unlimited use of a 22’ sailboat (for qualified sailors), kayaks, paddle boards, water toys, bicycles, snorkel and fishing gear at no extra cost.
Visit our website www.keylimesailingclub.com and send us a Request to Book! You can also call or text our reservation specialist at 305-451-3438 almost any time day or night!
Key West International Guitar Festival: Bridges to Paradise
Jun 21, 2019 – Jun 23, 2019 in Key West
The festival features a fusion of master guitarists performing classical, jazz, Latin, blues, folk & contemporary music in historic venues throughout the island, in a series of world-class concerts. Food and wine events are to be paired with music throughout the island offering a culinary and cultural experience highlighted by a special event, “Virtuoso Chefs of Key West.” Featured artists include Mateo, Belle, Rolando Rojas and Larry Baeder. Tickets on sale April 6, online. Call 305-304-1437 or visit their website.
Mango Fest of Key West features all things mango including mango tasting, mango trees and mango daiquiris. The culinary competitions between local chefs and residents alike showcases the colorful abilities of what the mango, also known as the king of fruit, has to offer. The Vendor Village gives art collectors and foodies the experience of a festival atmosphere. Music is provided along with live radio broadcasts. From 10AM to 3PM, Bayview Park, 1400 Truman Ave. Visit their website for more info.
You can check out more upcoming Florida Keys events at FLA-Keys.com.
Win Stays at Key Lime Sailing Club
To our guests and friends, get a chance to go back and vacation at KLSC without paying anything by sending us pictures of your stay here! Win our 8th KLSC Photo Contest and get a free 3 night stay. Check here for details.
Got a talent for video making? Enter our KLSC Video Contest and get a chance to win a free 5 night stay! Check here for details.
We at Key Largo Cottages at Key Lime Sailing Club love our guests and we will be happy to have you back again for another fun filled and relaxing Florida Keys vacation!
Enjoy a Snorkel or Sunset Cruise both bay side and ocean side as well as boat rentals from 22 foot to 68 foot. at Morning Star Sailing Charters. Call us at 305-451-7057.
Our thanks to experienced cruiser Ben Matthews for this review of the marina and the town. The New Bern Grand Marina, A CRUISERS NET SPONSOR, lies in the heart of downtown New Bern, North Carolina, along Trent River’s northern banks between Trent River highway and railroad bridges.
Hi All – I stayed there in May 2019. Real quick: 1. Docks/electric/water were in great shape for me. Many boaters there and some live-aboards. 2. Amenities – Shower/bath/laundry has to be offsite with an agreement with the local YMCA. 3. Notables: The hotel is still closed from Hurricane Florence. This was a surprise. I was told by a Lyft driver that the convention center was closed and planning to reopen in September. This makes sense as the MS-150 bike ride ( a big New Bern event) occurs then.
I understood also from local information there were disputes about the hotel with insurance and sale options were being pursued. New Bern the town appeared to be in great shape in the tourist/downtown area. Many restaurants full inside and on street tables.
New Bern Grande has many friendly and helpful boaters there. I really like the vibe and the folks. Be aware the staff do close up and leave promptly at 5pm most days. I was helped into my slip by kindness of other boaters. Ben Matthews
AGLCA’s director, Kim Russo, has been very involved with the suggested wording process for HB 201 sent to GA DNR and attended the 6/17 meeting with the GA DNR in Brunswick. This is her report to the AGLCA membership.
The hearing held by DNR in Georgia last night was well-attend, with more than 50 people taking part in the meeting and more than 25 taking the mic to comment. The news is mostly positive, but there is still a lot of time left in the process.
DNR began by giving details of the new law slated to take effect January 1st. During the DNR presentation, they did agree with our stance that all coastal waterways should be allowable anchorages with limited exceptions for shellfish beds, navigation channels, and a limited distance from marine infrastructure such as marinas and boat ramps. This is a win. AGLCA and our coalition (made up of SSCA, MTOA, and DeFever Cruisers) suggested that 150 feet is an appropriate set-back from marine infrastructure. The group we worked with to craft consensus comments (which included GAMBA, Waterway Guide, Cruisers’ Net, Tom Hale, and Roger Long) also agreed to 150 feet. However, DNR has not yet determined what that distance for this setback should be and is continuing to assess the options. DNR also included private residences in the list of shore-side development where an anchoring setback might be put in place. The addition of residential property to that list is something we will have to consider, but I believe it will be a problem for our members and for our coalition. This could potentially put the wants of individual homeowners in front of the rights of boaters. As a reminder, the waterways are in the public trust and are not owned by individuals. That said, there may be a reasonable distance from private docks that boats should not be allowed to anchor. I’m interested in hearing members’ thoughts on that issue.
I was pleased to have the opportunity to reiterate our previously submitted comments on behalf of our members and our coalition. Representatives from BoatUS, National Marina Manufacturers Association, GAMBA, and Waterway Guide also spoke in support of the right of boaters to anchor. Current and former Georgia legislators addressed the group and agreed that there are problems with the law as written. Many individual boat owners expressed frustration with the law, a primary theme being a lack of evidence that there is a need for these new restrictions, and the lack of enforcement of existing laws that could help solve the problems (if these problems exist in Georgia) of dumping raw sewage into the waterways and abandoning vessels.
There was no information provided by DNR on where they may be headed with the permit issue. You have until July 15th to submit written comments. Revised rules will then be presented by DNR to the Board of Natural Resources in August. DNR has agreed to open another public comment period to gather feedback on the revised rules. This will most likely take place in October.
If you haven’t yet submitted written comments to DNR, please send them to:
Kelly Hill Coastal Resources Division One Conservation Way Brunswick, GA 31520 Kelly.Hill@dnr.ga.gov
Simply, state who you are, why you’re interested in this issue, and what you’d like DNR to do. If you are in agreement with AGLCA’s proposal, then you’d like DNR to amend the proposed rules so that:
-Permits are not required for anchoring 60 days or less -All coastal waterways are open to anchoring with the exception of shellfish beds, navigation channels, and within 150 feet of marine infrastructure including marinas, boat ramps, boatyards, or other vessel launching or loading facilities.
Please consider sharing this information with four boating friends and asking them to submit comments as well.
If you have any questions about all of this, please don’t hesitate to ask!
Kim Russo Director America’s Great Loop Cruisers’ Association
Our thanks to James Newsome for this USACE report on dredging in Jekyll Creek which has been a Cruisers Net Problem Stretch for years. The on-going dredging is more than welcome, it is essential! Jekyll Creek is home to CRUISERS NET SPONSOR, Jekyll Harbor Marina.
Our thanks to Tim McNair, a full-time cruiser, for sharing his thoughts on HB 201.
Regarding anchoring restrictions in the State of Georgia
First, I would like to apologize for the length of this post. However, if you are at all interested in Anchorage restrictions in Georgia or anywhere else I encourage you to read this post in its entirety.
My wife and first mate, Tawnya and I are full-time liveaboards currently doing America’s Great Loop.
We were residents of Brunswick, Georgia for 21 years. I am a retired FBI agent serving my final 11 years in Brunswick, GA.
We attended the public hearing at the Georgia DNR on 6-17-19 concerning the recent passage of Georgia House Bill 201, anchoring restrictions in Georgia.
The Boating, cruising, live aboard Community was well-represented. Kim Russo, AGLCA director made an outstanding presentation as did many other national figures from the Boating world.
It was apparent early on in the hearing that the concerns of the attendees was that this law appeared to be hastily written and passed with little to no studies or data to support its necessity and that sufficient laws were already in place, but not enforced in Georgia especially with regard to discharge of sewage. The ambiguity and near-impossible enforcement were pointed out.
In my investigative mind it appeared that a NIMBY (Not In My Backyayd) scenario may have led to the creation of this law.
Near the end of the hearing a lady, Amanda Williams, spoke in support of the law. She acknowledged that the group present were not the problem, but it was the 10% non law-abiding citizens who were the problem and that she was concerned about the cleanliness of the water in Georgia and was hopeful this law would help rectify that problem.
I applaud Representative Hogan, the sponsor of the bill from Georgia District 179 for having the intestinal fortitude to speak before a somewhat hostile audience. However, when pressure as to why this law was created and as to the frequency of live aboard vessels that were problems, he cited one specific case of a former Navy vessel moored near downtown Brunswick being used as a live-aboard.
By the way, Amanda Williams did not inform the group that she is a former Superior Court judge on the Brunswick Circuit in Georgia and currently an attorney in Brunswick.
It may be coincidental but remains somewhat suspicious that the problem live-aboard mention by representative Hogan at the hearing is moored on the river behind Attorney and former Judge Williams office. Could this be the NIMBY that led to the creation of this law?
Absolutely no proof Beyond A Reasonable Doubt here, but sufficient cause to to get answers to a lot of questions before public funds are used to implement this unnecessary, burdensome and ambiguous law that is an embarrassment to the Great State of Georgia and potentially sets dangerous precedent for our anchoring rights in other locations.
In the above photo [being sought] the brick building to the right is attorney Williams office and the vessel in question is behind and to the left of her office.
Jim and Peg Healy cruise the Waterway annually and have been supportive of and outspoken on the issue of boaters’ rights for as long as I have known them. Jim is articulate, logical and reasonable in his writing, as you will see below. Our thanks to Jim for sharing his thoughts with our readers.
Hon. Don Logan Hon. William Ligon Hon. Jesse Petrea Hon. Karen Mathiak Hon Al Williams Hon. Lynn Smith
Ladies and Gentlemen:
My wife and I are long-term cruisers. Our boat has been our principle home for 15 years. We are “snowbirds;” annually, we cruise north to spend our summers on the Chesapeake Bay, the NYS Canal System, or along the New England Coast. Each fall, we cruise south to spend our winters in SW Florida. Both spring and fall, we utilize the Atlantic Intracoastal Waterway (A-ICW) to transit the magnificent Low Country of Georgia. In our travels, we take advantage of both anchorages and marinas. Georgia anchorages we’ve utilized include several places around Cumberland Island, at Jekyll Island, the Frederica River at Ft. Frederica, the Duplin River, New Teakettle Creek, the Crescent River, the Wahoo River, several places at Walburg Creek, Big Tom Creek, the Ogeechee River and the Vernon River. Marinas we have visited include Jekyll Harbor Marina, Brunswick Landing Marina, Golden Isles Marina, Two-Way Fish Camp, Kilkenny Marina, Delegal Marina, Isle of Hope Marina, Sail Harbor Boatyard and Marina, Thunderbolt Marina, and the Savannah Downtown Municipal Docks. We try to visit and enjoy different areas on each passage.
I am writing to express my general opposition to HB201. As I understand the revisions to the relevant Georgia Statutes, there appear to be two components of HB201. First is the discharge of sewage. Second is a new requirement for permits needed in order to anchor in Georgia estuarine waters. I will comment on each in turn, but I believe HB201 is based on flawed assumptions, and will only serve to confuse transient boaters like myself. Furthermore, it is going to be very difficult for boaters to comply, and both difficult and costly for Georgia Law Enforcement Officers to actually enforce. It’s hard to understand how this bill could have been adopted without input from Georgia Marina operators and from the boating public, since the burden of compliance falls on these two groups.
With regard to the discharge of sewage:
The Federal Clean Water Act of 1972 disallows the discharge of sewage within the territorial waters of the United states. It has been unlawful under federal regulations to dump any raw sewage into the territorial waters of the United states since that act took effect. Boats with USCG Type II treatment systems, which have been tested and certified by the USCG to comply with the strict requirements of onboard sewage treatment, may discharge treated effluent except in designated “No Discharge Zones.” So far as I know, the estuarine waters of Georgia have not been designated as NDZs. To emphasize, however, today it is unlawful under the regulations of the Federal Clean Water Act to discharge the contents of a holding tank or otherwise directly discharge sewage into the territorial waters of the US, which includes all of the waters of Georgia, and it has been unlawful for at least 40 years. This would seem to render the sanitation portion of HB201 unnecessary in the first place. If Georgia believe a boater is in violation, that boater can be cited under the terms of the Federal Clean Water Act of 1972.
Continuing, however, any requirement for the mechanical removal of component parts of a boat’s plumbing system is a severe hardship and unreasonable imposition on boaters who travel offshore, discharge sewage lawfully beyond the US territorial three-mile limit, and subsequently enter Georgia estuarine Public Trust waters seeking safe overnight anchorage. In this circumstance, there is no way to document compliance with HB201, which can lead to misunderstandings and inappropriate accusations in encounters between transient boaters and Georgia law enforcement officials.
The revised Georgia statue also imposes an unreasonable hardship on transient cruising boats in navigation on the Atlantic Intracoastal Waterway and tributary estuarine waters of the state. Many cruising boats take only two or three days to transit low-country estuarine waters. A variety of circumstances might result in a boat lawfully pumping out in a non-Georgia jurisdiction (South Carolina or Florida) prior to entering Georgia state waters. Assuming a boat with a 10-14 day capacity for the holding tank, there may be no way for an otherwise compliant boater to document compliance with the Georgia statute. A southbound transient boater who pumped out in South Carolina, subsequently transited the low country, and pumped out again in Florida, is in compliance with HB201, but is unable to meet the newly imposed documentation requirement to demonstrate that compliance.
In light of the above, it seems the Georgia law is poorly though out and constitutes an undue burden to transient boaters engaged in lawful navigation on Georgia Public Trust estuarine waters.
With regard to the new permitting process:
The Official Code of Georgia must acknowledge that there is a difference between the rights of 1) a boat anchored while engaged in navigation, such as ours, and 2) a boat that is in what amounts to long-term storage upon the Public Trust waters of the state while attached to an anchor or mooring ball. Neither current Georgia Statute nor HB201 appear to me to recognize this important distinction. Boats engaged in navigation are not at risk of becoming derelict. It is boats in long term storage at anchor, or on a mooring ball, that are at risk of becoming derelict.
It appears to me that Georgia statute does not define “Derelict” and does not provide objective criteria for 1) declaring a boat to be at risk of becoming derelict or 2) of actually being in a derelict condition. This is an oversight (flaw) of Georgia statute. I respectfully suggest a review of Florida Statute 327.4017. The Florida definition of “At Risk” boats is at this time well thought out and does not adversely affect boats lawfully being used in navigation.
Local Law Enforcement Officers who patrol Georgia estuarine Public Trust waters on a regular basis are well aware of stored boats that are either derelict or at risk of becoming derelict. Absent specific superseding legislation, local nuisance laws can be used by local municipal authorities having jurisdiction to seize and remove derelict boats and to cite owners of at risk boats to require corrective action within a specified period of time in the same way that abandoned cars can be removed from public highways.
Conclusions:
In consideration of the jurisdiction of the Federal Clean Waters Act of 1972, the sanitation provisions of HB201 appear to be unnecessary in whole.
I am completely opposed to permitting fees for transient boats lawfully engaged in navigation, of which anchoring is a lawful part. Additionally, I believe there are federal court precedents that identify such license imposts as unconstitutional. For the short term (no more than 60 days) for boats in navigation (boats in transit through the State of Georgia), there should be no anchoring fees (license imposts) and no permit requirements.
I am not opposed to a permit requirement and substantial fees for boats that are long-term stored by anchoring upon Georgia Public Trust waters. It is these long term stored boats that create the risk of becoming derelict, and it should fall to the owners of long term stored boats to fund corrective action and cleanup. These storage fees could attach to any boat anchored in the same place on Public Trust waters for an extended period of time; ex: anchored in one place for 60 days or longer. I would also suggest, in any case, it is incumbent on local law enforcement officials and municipal authorities having jurisdiction to take interventional action before a boat in their jurisdiction becomes derelict in the first place.
Very truly Yours, l/s: James B. Healy
cc: Amy Thurman, GAMBA
Peg and Jim Healy aboard Sanctuary, currently at Annapolis, MD.
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Comments from Cruisers (1)
Richard Edward Byrd- June 18, 2019 - 5:38 pm
very well said Jim, i might ad that there are only a few marinas along our beautiful coast the cater to transient boaters. i feel that this energy should be put to promoting these small businesses instead of discouraging the transients that enjoy passing through our coastal waters.
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